DOT 49 CFR PART 110-2010 HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING GRANTS.pdf

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1、65 Pipeline and Hazardous Materials Safety Admin., DOT 110.5 (2) Complete details concerning the dimensions, materials of construction, wall thickness, water capacity, shape, type of joints, location and size of openings and other pertinent physical characteristics of each specification or special p

2、ermit cylinder for which ap-proval is being requested, including calculations for cylinder wall stress and wall thickness, which may be shown on a drawing or on separate sheets attached to a descriptive draw-ing; (3) The name of the independent in-spection agency to be used; and (4) The signature of

3、 the person mak-ing the certification and the date on which it was signed. (c) Facility inspections. Upon the re-quest of the Associate Administrator, the applicant must allow the Associate Administrator or the Associate Admin-istrators designee to inspect the appli-cants cylinder manufacturing and

4、testing facilities and records, and must provide such materials and cylinders for analyses and tests as the Associate Administrator may specify. The appli-cant or holder must bear the cost of the initial and subsequent inspections, analyses, and tests. 107.809 Conditions of UN pressure receptacle ap

5、provals. (a) Each approval issued under this subpart contains the following condi-tions: (1) Upon the request of the Associate Administrator, the applicant or holder must allow the Associate Adminis-trator or the Associate Administrators designee to inspect the applicants pressure receptacle manufac

6、turing and testing facilities and records, and must provide such materials and pressure re-ceptacles for analyses and tests as the Associate Administrator may specify. The applicant or holder must bear the cost of the initial and subsequent in-spections, analyses, and tests. (2) Each holder must com

7、ply with all of the terms and conditions stated in the approval letter issued under this subpart. (b) In addition to the conditions spec-ified in 107.713, an approval may be de-nied or if issued, suspended or termi-nated if the Competent Authority of the country of manufacture fails to ini-tiate, ma

8、intain or recognize an IIA ap-proved under this subpart; fails to rec-ognize UN standard packagings manu-factured in accordance with this sub-chapter; or implements a condition or limitation on United States citizens or organizations that is not required of its own citizenry. 71 FR 33874, June 12, 2

9、006 PART 110HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING GRANTS Sec. 110.1 Purpose. 110.5 Scope. 110.7 Control Number under the Paperwork Reduction Act. 110.10 Eligibility. 110.20 Definitions. 110.30 Grant application. 110.40 Activities eligible for funding. 110.50 Disbursement of Federal

10、 funds. 110.60 Cost sharing for planning and train-ing. 110.70 Financial administration. 110.80 Procurement. 110.90 Grant monitoring, reports, and records retention. 110.100 Enforcement. 110.110 After-grant requirements. 110.120 Deviation from this part. 110.130 Disputes. AUTHORITY: 49 U.S.C. 510151

11、27; 49 CFR 1.53. SOURCE: Amdt. 1101, 57 FR 43067, Sept. 17, 1992, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 110 appear at 70 FR 56090, Sept. 23, 2005. 110.1 Purpose. This part sets forth procedures for re-imbursable grants for public sector planning and training in support

12、 of the emergency planning and training ef-forts of States, Indian tribes, and local communities to deal with hazardous materials emergencies, particularly those involving transportation. These grants will enhance the implementa-tion of the Emergency Planning and Community Right-to-Know Act of 1986

13、(42 U.S.C. 11001). 110.5 Scope. (a) This part applies to States and In-dian tribes and contains the program requirements for public sector training VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00075 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo r

14、eproduction or networking permitted without license from IHS-,-,-66 49 CFR Ch. I (10110 Edition) 110.7 and planning grants to support haz-ardous materials emergency planning and training efforts. (b) The requirements contained in 49 CFR part 18, Uniform Administrative Requirements for Grants and Coo

15、pera-tive Agreements to State and Local Governments, apply to grants issued under this part. (c) Copies of standard forms and OMB circulars referenced in this part are available from the HMTUSA Grants Manager, Pipeline and Hazardous Ma-terials Safety Administration, U.S. De-partment of Transportatio

16、n, East Building, 1200 New Jersey Avenue, SE., Washington DC 205900001. Amdt. 1101, 57 FR 43067, Sept. 17, 1992, as amended at 72 FR 55683, Oct. 1, 2007 110.7 Control Number under the Pa-perwork Reduction Act. The Office of Management and Budg-et control number assigned to collec-tion of information

17、 in 110.30, 110.70, 110.80, and 110.90 is 21370586. 110.10 Eligibility. This part applies to States and In-dian tribes. States may apply for plan-ning and training grants. Federally- recognized Indian tribes may apply for training grants. 110.20 Definitions. Unless defined in this part, all terms de

18、fined in 49 U.S.C. 5102 are used in their statutory meaning and all terms defined in 49 CFR part 18 and OMB Cir-cular A102, with respect to adminis-trative requirements for grants, are used as defined therein. Other terms used in this part are defined as follows: Allowable costs means those costs th

19、at are: eligible, reasonable, nec-essary, and allocable to the project per-mitted by the appropriate Federal cost principles, and approved in the grant. Associate Administrator means the As-sociate Administrator for Hazardous Materials Safety, Pipeline and Haz-ardous Materials Safety Administra-tion

20、. Budget period means the period of time specified in the grant agreement during which the project manager may expend or obligate project funds. Cost review means the review and evaluation of costs to determine rea-sonableness, allocability, and allow-ability. Indian country means Indian country as

21、defined in 18 U.S.C. 1151. That sec-tion defines Indian country as all land within the limits of any reservation under the jurisdiction of the U.S. Gov-ernment, notwithstanding the issuance of any patent, and, including rights-of- way running through the reservation; all dependent Indian communities

22、 within the borders of the United States whether within the original or subse-quently acquired territory thereof, and whether within or without the limits of a State; and all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. I

23、ndian tribe means a tribe Federally- recognized by the Secretary of the In-terior under 25 CFR 272.2. Local Emergency Planning Committee (LEPC) means a committee appointed by the State Emergency Response Commission under section 301(c) of the Emergency Planning and Community Right-to-Know Act of 198

24、6 (42 U.S.C. 11001(c) that includes at a minimum, representatives from each of the fol-lowing groups or organizations: elected State and local officials; law enforce-ment, firefighting, civil defense, first aid, health, local environmental, hos-pital, and transportation personnel; broadcast and prin

25、t media; community groups; and owners and operators of fa-cilities subject to the emergency plan-ning requirements. National curriculum means the cur-riculum required to be developed under 49 U.S.C. 5115 and necessary to train public sector emergency response and preparedness teams, enabling them to

26、 comply with performance standards as stated in 49 U.S.C. 5115(c). Political subdivision means a county, municipality, city, town, township, local public authority (including any public and Indian housing agency under the United States Housing Act of 1937 (42 U.S.C. 1401 et seq.), school dis-trict,

27、special district, intrastate dis-trict, council of governments (whether or not incorporated as a nonprofit cor-poration under State law), any other regional or interstate government enti-ty, or any agency or instrumentality of a local government. VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 0000

28、0 Frm 00076 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-67 Pipeline and Hazardous Materials Safety Admin., DOT 110.30 Project means the activities and tasks identified in the grant agreement.

29、Project manager means the State or Indian tribal official designated in a grant as the recipient agencys prin-cipal program contact with the Federal Government. Project officer means the Federal offi-cial designated in a grant as the pro-gram contact with the project man-ager. The project officer is

30、 responsible for monitoring the project. Project period means the length of time specified in a grant for comple-tion of all work associated with that project. State Emergency Response Commission (SERC) means the State Emergency Response Commission appointed by the Governor of each State and Territo

31、ry under the Emergency Planning and Community Right-to-Know Act of 1986. Statement of Work means that portion of a grant that describes the purpose and scope of activities and tasks to be carried out as part of the proposed project. Amdt. 1101, 57 FR 43067, Sept. 17, 1992, as amended by Amdt. 1103,

32、59 FR 49132, Sept. 26, 1994; 66 FR 45377, Aug. 28, 2001 110.30 Grant application. (a) General. An applicant for a plan-ning or training grant shall use only the standard application forms ap-proved by the Office of Management and Budget (OMB) (SF424 and SF 424A) under the Paperwork Reduction Act of

33、1980 (44 U.S.C. 3502). Applicants are required to submit an original and two copies of the application package to: Grants Manager, Pipeline and Haz-ardous Materials Safety Administra-tion, U.S. Department of Transpor-tation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590 0001. Appl

34、ications received on or before January 1st and July 1st of each year will be considered in that cycle of the semi-annual review and award process. An initial round of the review and award process will consider applica-tions received on or before November 15, 1992. Requests and continuation ap-plicat

35、ions must include an original and two copies of the affected pages; pre-viously submitted pages with informa-tion that is still current do not have to be resubmitted. The application must include the following: (1) Application for Federal Assistance for non-construction programs (SF424) and Budget s

36、heets (SF424A). A single application may be used for both plan-ning and training if the budgets for each are entered separately on all budget sheets. (2) For States, a letter from the Gov-ernor designating the State agency that is authorized to apply for a grant and to provide the written certifi-ca

37、tions required to receive a grant. (3) For Indian tribes, a letter from the tribal government, governing body, or tribal council to the effect that the applicant is authorized to apply for a grant and to provide the written cer-tifications required to receive a grant. (4) A written statement explain

38、ing whether the State or tribe assesses and collects fees on the transportation of hazardous materials and whether such assessments or fees are used solely to carry out purposes related to the trans-portation of hazardous materials. (5) A statement designating a project manager and providing the nam

39、e, posi-tion, address and phone number of that individual who will be responsible for coordinating the funded activities with other agencies/organizations. (6) A project narrative statement of the goals and objectives of the pro-posed project, project design, and long range plans. The proposed grant

40、 project and budget periods may be one or more years. (7) A statement of work in support of the proposed project that describes and sets priorities for the activities and tasks to be conducted, the costs associ-ated with each activity, the number and types of deliverables and products to be complete

41、d, and a schedule for im-plementation. (8) A description of the major items of costs needed to implement the state-ment of work and a copy of any cost or price analysis if conducted. (9) Drug-Free Workplace Certification. The applicant must certify as specified in appendix C of 49 CFR part 29 that i

42、t will comply with the Drug-Free Work-place Act of 1988 (Pub. L. 100690, title V, subtitle D; 51 U.S.C. 701 et seq.). (10) Anti-Lobbying Certification. The applicant must certify as specified in VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00077 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr

43、150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-68 49 CFR Ch. I (10110 Edition) 110.30 appendix A of 49 CFR part 20 that no Federal funds will be expended to pay any person for influencing or attempt-ing to influence an officer or emplo

44、yee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress (section 319 of Pub. L. 101121, 31 U.S.C. 1352). (11) Debarment and Suspension Certifi-cation. The applicant must certify as specified in subpart G of 49 CFR part 29 that it will not m

45、ake an award or per-mit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for partici-pation in Federal assistance programs. (b) Planning. In addition to the re-quirements specified in paragraph (a) of this section, eligible State appli-cants must incl

46、ude the following in their application package: (1) A written certification that the State is complying with sections 301 and 303 of the Emergency Planning and Community Right-to-Know Act of 1986, including a brief explanation of how compliance has been achieved. (2) A written statement specifying t

47、he aggregate expenditure of funds of the State, exclusive of Federal funds, for each of its last five fiscal years for developing, improving, and imple-menting emergency plans under the Emergency Planning and Community Right-to-Know Act of 1986, including an explanation specifying the sources of the

48、se funds. A written certification that the States aggregate expendi-tures, as defined by the State, of funds for this purpose, exclusive of Federal funds, will not fall below the average level of its expenditures for its last five fiscal years. The applicant may not claim any of these expenditures f

49、or cost-sharing. (3) A written statement agreeing to make at least 75 percent of the Federal funds awarded available to LEPCs and an explanation of how the applicant in-tends to make such funds available to them for developing, improving, or im-plementing emergency plans. (4) Designation of a project manager to serve as contact for coordinating planning funds under this program. (5) A project narrative statement of the goals and objec